Regulation 2

ScheduleAmendments of legislation

Part 1Amendments to Acts of Parliament

Agricultural Marketing Act 1958

1.  In section 47 of the Agricultural Marketing Act 1958(1) (restrictions on disclosing certain information obtained under Act), in subsection (2)(aa)—

(a)in sub-paragraph (iii), at the end omit “or”;

(b)in sub-paragraph (iv), at the end insert “; or”;

(c)after sub-paragraph (iv) insert—

“(v) Part 3 and Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024.”.

Misrepresentation Act 1967

2.  In section 2 of the Misrepresentation Act 1967(2) (damages for misrepresentation), in subsection (4) for “Part 4A of the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277)” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”.

Greater London Council (General Powers) Act 1972

3.  In section 17 of the Greater London Council (General Powers) Act 1972(3) (duty to give information in certain cases), in subsection (5), for paragraph (e) substitute—

“(e)Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024.”.

Hallmarking Act 1973

4.  In Schedule 1 to the Hallmarking Act 1973(4) (unhallmarked articles), in paragraph 1 of Part 3, for “the Consumer Protection from Unfair Trading Regulations 2008” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

5.  In section 10 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985(5) (negligent misrepresentation), in subsection (3) for “Part 4A of the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277)” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”.

Telecommunications Act 1984

6.  In section 101 of the Telecommunications Act 1984(6) (general restrictions on disclosure of information), in subsection (3), in paragraph (x)(ii) omit “Chapter 1 of”.

Companies Act 1985

7.  In paragraph 17 of Schedule 15D to the Companies Act 1985(7) (disclosures), in sub-paragraph (n)(ii) omit “Chapter 1 of”.

Airports Act 1986

8.  In section 74 of the Airports Act 1986(8) (restriction on disclosure of information), in subsection (3), in paragraph (z)(ii) omit “Chapter 1 of”.

Water Act 1989

9.  In section 174 of the Water Act 1989(9) (general restrictions on disclosure of information), in subsection (3), in paragraph (p)(ii) omit “Chapter 1 of”.

Water Industry Act 1991

10.  In Part 2 of Schedule 15 to the Water Industry Act 1991(10) (enactments etc. in respect of which disclosure may be made), in paragraph (b) of the entry relating to the Digital Markets, Competition and Consumers Act 2024, omit “Chapter 1 of”.

Water Resources Act 1991

11.  In Part 2 of Schedule 24 to the Water Resources Act 1991(11) (enactments etc. in respect of which disclosure may be made)—

(a)omit the entry for subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market(12);

(b)at the end insert—

“The following provisions of the Digital Markets, Competition and Consumers Act 2024—

(a)Part 3;

(b)Part 4;

(c)Chapter 2 of Part 5.”.

Railways Act 1993

12.  In section 145 of the Railways Act 1993(13) (general restrictions on disclosure of information), in subsection (3), in paragraph (w)(ii) omit “Chapter 1 of”.

Coal Industry Act 1994

13.  In section 59 of the Coal Industry Act 1994(14) (information to be kept confidential), in subsection (4), in paragraph (u)(ii) omit “Chapter 1 of”.

Greater London Authority Act 1999

14.  In section 235 of the Greater London Authority Act 1999(15) (restrictions on disclosure of information), in subsection (3), in paragraph (w)(ii) omit “Chapter 1 of”.

Utilities Act 2000

15.  In section 105 of the Utilities Act 2000(16) (general restrictions on disclosure of information), in subsection (6), in paragraph (z2)(ii) omit “Chapter 1 of”.

Transport Act 2000

16.  In Schedule 9 to the Transport Act 2000(17) (air traffic: information), in paragraph 3(3), in paragraph (ri)(ii) omit “Chapter 1 of”.

Communications Act 2003

17.  In section 393 of the Communications Act 2003(18) (general restrictions on disclosure of information), in subsection (5), in paragraph (t)(iii) omit “Chapter 1 of”.

Wireless Telegraphy Act 2006

18.  In section 111 of the Wireless Telegraphy Act 2006(19) (general restrictions), in subsection (6), in paragraph (q)(iii) omit “Chapter 1 of”.

Companies Act 2006

19.  In Part 2 of Schedule 2 to the Companies Act 2006(20) (specified descriptions of disclosures), in section (A) (United Kingdom), in paragraph 25, in paragraph (m)(ii) omit “Chapter 1 of”.

Civil Aviation Act 2012

20.  In Schedule 6 to the Civil Aviation Act 2012(21) (restrictions on disclosing information), in the list of relevant statutory provisions in paragraph 4(3), in paragraph (b) of the entry relating to the Digital Markets, Competition and Consumers Act 2024, omit “Chapter 1 of”.

Consumer Rights Act 2015

21.—(1) Schedule 5 to the Consumer Rights Act 2015(22) is amended as follows.

(2) In paragraph 8(23), at the appropriate place insert—

““final enforcement notice” means a notice under paragraph 16C(2) of this Schedule;

“relevant notice” has the same meaning as in section 202(9) of the Digital Markets, Competition and Consumers Act 2024.”.

(3) In paragraph 10(24), in the entry “section 93(1) or (2) of this Act”, for “or (2)” substitute “, (2) or (2A)”.

(4) In paragraph 13(25)—

(a)after sub-paragraph (2)(e) insert—

“(f)to ascertain whether a person has complied with or is complying with a relevant notice or with directions in a final enforcement notice.”;

(b)in sub-paragraph (3)(b) for “or an interim enforcement order” substitute “, an interim enforcement order, an online interface order or an interim online interface order”.

(5) In paragraph 20(26)—

(a)in sub-paragraph (3)(c), at the end omit “or”;

(b)in sub-paragraph (3)(d)—

(i)after “section 163” insert “or section 185”;

(ii)at the end insert “, or”;

(c)after sub-paragraph (3)(d) insert—

“(e)a failure to comply with a relevant notice or a final enforcement notice.”.

Part 2Amendments to other legislation

Misrepresentation Act (Northern Ireland) 1967

22.  In section 2 of the Misrepresentation Act (Northern Ireland) 1967(27) (damages for misrepresentation), in subsection (4) for “Part 4A of the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277)” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”.

Estate Agents (Specified Offences) (No. 2) Order 1991

23.  In the Schedule to the Estate Agents (Specified Offences) (No. 2) Order 1991 (28) (specified offences), for the entry for the Consumer Protection from Unfair Trading Regulations 2008 substitute—

Financial Services and Markets Act 2000 (Regulated Activities) Order 2001

24.  In article 89V of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001(29) (certain providers of referrals), in paragraph (1)(e) for “the Consumer Protection from Unfair Trading Regulations 2008” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”.

Energy (Northern Ireland) Order 2003

25.  In Article 63 of the Energy (Northern Ireland) Order 2003(30) (general restrictions on disclosure of information), in paragraph (6), in sub-paragraph (y)(ii) omit “Chapter 1 of”.

Financial Services and Markets Act 2000 (Financial Promotion) Order 2005

26.  In article 73J of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005(31) (communications made by certain providers of referrals), in paragraph (1)(e) for “the Consumer Protection from Unfair Trading Regulations 2008” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”.

Duty Stamps Regulations 2006

27.  In regulation 10 of the Duty Stamps Regulations 2006(32) (disqualification from being registered), in paragraph (7)(b) for “regulation 8, 9, 10, 11 or 12 of the Consumer Protection from Unfair Trading Regulations 2008” substitute “Chapter 1 of Part 4 Digital Markets, Competition and Consumers Act 2024”.

Water and Sewerage Services (Northern Ireland) Order 2006

28.  In Article 265 of the Water and Sewerage Services (Northern Ireland) Order 2006(33) (restriction on disclosure of information), in paragraph (5), in sub-paragraph (u)(ii) omit “Chapter 1 of”.

Licensing (Relevant Offences) (Scotland) Regulations 2007

29.  In Part 2 of the Schedule to the Licensing (Relevant Offences) (Scotland) Regulations 2007(34) (relevant offences), in paragraph 46 for “regulation 8, 9, 10, 11 or 12 of the Consumer Protection from Unfair Trading Regulations 2008” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”.

Legislative and Regulatory Reform (Regulatory Functions) Order 2007

30.—(1) The Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007(35) is amended as follows.

(2) In Part 3, in the section relating to consumer and business protection—

(a)omit “Part 8 of the Enterprise Act 2002” and “Consumer Protection from Unfair Trading Regulations 2008”;

(b)after the entry relating to the Consumer Rights Act 2015 insert “Part 3 and Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”.

(3) In Part 6—

(a)omit “Part 8 of the Enterprise Act 2002” and “Consumer Protection from Unfair Trading Regulations 2008”;

(b)after the entry relating to the Consumer Rights Act 2015 insert “Part 3 and Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”.

Business Protection from Misleading Marketing Regulations 2008

31.  In regulation 4 of the Business Protection from Misleading Marketing Regulations 2008(36) (comparative advertising), in paragraph (b) for “it is not a misleading action under regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008 or a misleading omission under regulation 6 of those Regulations” substitute “it is not a misleading action under section 225(4)(a) and section 226 of the Digital Markets, Competition and Consumers Act 2024 or a misleading omission under section 225(4)(a) and section 227 of that Act”.

Consumer Protection from Unfair Trading Regulations 2008

32.—(1) Regulation 27B of the Consumer Protection from Unfair Trading Regulations 2008(37) (what does “prohibited practice” mean in this Part?) is amended as follows.

(2) For paragraph (1) substitute—

“(1) In this Part “prohibited practice” means a commercial practice involving—

(a)a misleading action under section 225(4)(a) and section 226 of the Digital Markets, Competition and Consumers Act 2024, or

(b)an aggressive practice under section 225(4)(a) and section 228 of the Digital Markets, Competition and Consumers Act 2024.”.

(3) In paragraph 2 for “Regulations 5 and 7 apply for the purposes of this Part as if for the definition of “transactional decision” in regulation 2(1) there were substituted” substitute “Section 225(4)(a) of the Digital Markets, Competition and Consumers Act 2024 applies for the purposes of this Part as if for the definition of “transactional decision” in section 245 of the Digital Markets, Competition and Consumers Act 2024 there were substituted”.

Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009

33.  In Part 2 of Schedule 1 to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009(38) , for “Consumer Protection from Unfair Trading Regulations 2008” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 (protection from unfair trading)”.

Postal Services Act 2011 (Disclosure of Information) Order 2012

34.  In Article 4 of the Postal Services Act 2011 (Disclosure of Information) Order 2012(39), in the list of prescribed enactments, in paragraph (c) of the entry relating to the Digital Markets, Competition and Consumers Act 2024, omit “Chapter 1 of”.

Consumer Rights (Payment Surcharges) Regulations 2012

35.  In regulation 7 of the Consumer Rights (Payment Surcharges) Regulations 2012(40) (complaints), in paragraph (4) for “Part 8 of the Enterprise Act 2002” substitute “Part 3 of the Digital Markets, Competition and Consumers Act 2024”.

Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015

36.  In Regulation 14A of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015(41) (the ADR entity’s duty to cooperate), in subsection (2) for “Part 8 of the Enterprise Act 2002” substitute “Part 3 of the Digital Markets, Competition and Consumers Act 2024”.

Payment Card Interchange Fee Regulations 2015

37.—(1) The Payment Card Interchange Fee Regulations 2015(42) are amended as follows.

(2) In regulation 14 (information and investigation)(43), for the quoted entry following paragraph (2)(b) substitute—

(3) For regulation 20(44) (co-operation between the Payment Systems Regulator and general enforcers) substitute—

Co-operation between the Payment Systems Regulator and enforcers

20.  The Payment Systems Regulator and, in the context of their functions under Part 3 of the Digital Markets, Competition and Consumers Act 2024 (enforcement of consumer protection law), the Competition and Markets Authority, local weights and measures authorities in Great Britain and the Department for the Economy in Northern Ireland, must take such steps as they consider appropriate to co-operate with each other for the purposes of the exercise of their functions in relation to Article 10(4) of the interchange fee regulation.”.

Payment Services Regulations 2017

38.  In regulation 135 of the Payment Services Regulation 2017(45) (information and investigation), for the quoted entry following paragraph (2)(b) substitute—